During the 1950s, the constitution of the union of south africa of 1910 applied. indicate which approach to the principle of constitutionalism was embraced by that constitution.


Question: During the 1950s, the constitution of the union of south africa of 1910 applied. indicate which approach to the principle of constitutionalism was embraced by that constitution.

The Constitution of the Union of South Africa of 1910 embraced a formalist approach to the principle of constitutionalism. Formalist constitutionalism is a theory of constitutional law that holds that the constitution is a supreme law that must be obeyed by all government officials and citizens. Formalist constitutionalism also holds that the courts have the power to interpret the constitution and to strike down laws that are found to be unconstitutional.

The formalist approach to constitutionalism was reflected in the Constitution of the Union of South Africa of 1910 in a number of ways. First, the constitution was entrenched, meaning that it could only be amended by a special majority vote of Parliament. This entrenchment was intended to protect the constitution from being amended by a simple majority, which could be used to infringe on the rights of minorities.

Second, the constitution established a system of judicial review. Judicial review is the power of the courts to strike down laws that are found to be unconstitutional. This power was essential to the formalist approach to constitutionalism, as it allowed the courts to enforce the supremacy of the constitution.

Third, the constitution contained a number of specific protections for individual rights. These protections included the right to life, liberty, and property, as well as the right to freedom of speech, religion, and assembly. These protections were intended to limit the power of the government and to safeguard the rights of individuals.

The formalist approach to constitutionalism was the dominant approach to constitutional law in South Africa until the late 1980s. However, the formalist approach has been criticized for being too rigid and for failing to take into account the social, economic, and political realities of South Africa. In the late 1980s, the South African government began to move away from a formalist approach to constitutionalism and towards a more substantive approach.

Substantive constitutionalism is a theory of constitutional law that holds that the constitution is not just a set of legal rules, but also a reflection of the values and aspirations of a society. Substantive constitutionalism also holds that the courts should interpret the constitution in a way that promotes these values and aspirations.

The substantive approach to constitutionalism is now the dominant approach to constitutional law in South Africa. This approach is reflected in the Constitution of the Republic of South Africa of 1996, which contains a number of substantive protections for individual rights, such as the right to equality and the right to socioeconomic rights.

Conclusion

The Constitution of the Union of South Africa of 1910 embraced a formalist approach to the principle of constitutionalism. Formalist constitutionalism is a theory of constitutional law that holds that the constitution is a supreme law that must be obeyed by all government officials and citizens. Formalist constitutionalism also holds that the courts have the power to interpret the constitution and to strike down laws that are found to be unconstitutional.

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